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10 Απρ 2014 · The Supreme Court ruled recently on summary judgments. How will this affect current jurisprudence behind Rule 12.02 motions and recent developments in the Small Claims Court, in the wake of Hryniak v. Mauldin?
- Paralegal Scope Magazine
by Karen Fair — Paralegal Scope Magazine. May 9, 2015....
- Paralegal Scope Magazine
INTRODUCTION. The task of interpretation may vary in difficulty. F.A.R. Bennion (Statute Law, 1990), has identified a number of factors that may cause doubt: 1. The draftsman may refrain from using certain words that he or she regards as necessarily implied. The problem here is that the users may not realise that this is the case. 2.
The law provides three general groups of scenarios where an individual has a duty to act - where the defendant has control of a situation, where the defendant has assumed responsibility, and where the defendant has created or adopted a risk.
The law recognises that it would be unjust to punish someone for doing something they are obligated to, and thus whilst an inaccurate reference can be damaging, it will not give rise to a defamation claim.
1 Απρ 2016 · 1 Introduction. When judges interpret written statutes, should they, in the name of fairness and justice, adhere strictly to the text, or should they be ready to disregard the text and revert to the intentions and purposes of legislators? A classic case that illustrates this opposition is Church of the Holy Trinity vs. United States. [1] .
THE IMPACT OF HRYNIAK v. MAUDLIN ON SUMMARY JUDGMENTS IN CANADA ONE YEAR LATER Matthew Karabus and Ted Tjaden In January 2014, the Supreme Court of Canada in Hryniak v. Mauldin' called for a "culture shift" requiring summary judgment rules to be interpreted broadly to favour "proportionality and fair
5 Μαΐ 2014 · The true ground for implying terms into contracts is always good faith and fair dealing, though the distinction between terms implied in fact and terms implied in law signifies different meanings of the kaleidoscopic idea of good faith.
